A Study On The Legal Relationship Between Co-trustees Of Securities Investment Funds

This thesis explore the legal relationship betthe authoren the co-trustees of SecuritiesInvestment Funds. The legal relationship betthe authoren them heavily affects theoperation of Securities Investment Funds and the investors' interest protection. Thefocal spot of the thesis deals with the following issues:Firstly, the author comparatively explore the legal basic principles of contract-typeSecurities Investment Funds.While no foresaid style makes perfect. The authorityestablish the "co-trustees" style, in which the investor is both the settler and thebeneficiary, the fund manager and the custodian are the co-trustees, so as to simplifythe legal relationship and do good to the protection of the investors. The outstandingmerit of this style is that the co-trustees are unexceptionally subject to the fiduciaryduty, building up the pattern of the separation of pothe authorrs with check andbalance.Secondly, the author probe into the connotation of the legal status and right ofco-trustees, integrating the law and practice of investment fund worldwide, and thenlist out the particular contents of the right and duty of the fund manager and thecustodian.Thirdly, the author discuss the independence, the supervision and the implicativeliability between the fund manager and the custodian. Meanwhile, the author set forththat the rights of the co-trustees are strictly restricted by the investors. According tothe foresaid inquiry, the author seriously analyse the legal relationship and putforward our own suggestions of amendment for the Securities Investment Fund Law.